Allowed

Avnish Kumar v. State of U.P.

Allahabad HC10 Sept 2020BAIL/1278/2020

Case brief

AI extract

What is this about?

This judgment grants bail to the applicant in a criminal matter under Sections 363, 366, 120-B, and 368 IPC. The court found it to be a case for bail considering the prima facie evidence, constitutionality, and absence of criminal history, subject to standard conditions. No opinion was expressed on the case merits.

What did the court decide?

Applicant released on bail under Sections 363, 366, 120-B, 368 IPC on furnishing a personal bond and two sureties.

Avnish Kumar Vs State of U.P. — Bail and Remand | Allahabad HC (2020)

¶1

Court No. - 76

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1278 of 2020

¶3

Applicant :- Avnish Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Ajit Kumar Counsel for Opposite Party :- G.A.

¶4

Hon'ble Vivek Kumar Singh,J.

¶5

Heard Sri Ajit Kumar, learned counsel for the applicant, Sri Abhinav Prasad, learned AGA, appearing for the State and perused the material brought on record.

¶6

It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive. It is next contended that the first information report of the alleged is delayed for which no plausible explanation has been given by the prosecution, which itself falsify the prosecution story. It is further submitted that the applicant is residing with his brother-in-law at Delhi and he has no concern with the alleged incident. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 19.10.2019. It has been pointed out that the applicant has no criminal history.

¶7

Learned A.G.A. has vehemently opposed the prayer.

¶8

Having heard the submissions of learned counsel of both sides, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail.

¶9

Let applicant- Avnish Kumar , be released on bail in Case Crime No.200 of 2017, under Sections- 363, 366, 120-B, 368 I.P.C., Police Station- Nidhauli Kala, District- Etah, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

¶10

The applicant will attend and co-operate the trial proceedings pending before the court concerned on the date fixed after release.

¶11

He will not tamper with the witnesses.

¶12

He will not indulge in any illegal activities during the bail period.

¶13

In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

¶14

It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.

¶15

The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad. The concerned Court shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad.

¶16

Order Date :- 10.9.2020 Dev/-

Avnish Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

Avnish Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Siraj Vs State of U.P.

Sushil Gayakwad Vs State of U.P.

Rajendra Singh Vs State of Up and Another

Zahid Vs State of U.P.

Sagarpal Vs State of U.P. and Another

Sameer @ Babua Vs State of U.P. and Another